[HISTORY: Adopted by the Board of Trustees
of the Village of Albion 5-13-1974 as Ch. 58 of the 1974 Code. Amendments noted where applicable.]
This chapter shall be known as the "Swimming
Pool Ordinance of the Village of Albion, New York."
The purpose of this chapter is to promote the
public health, safety and general welfare by regulating and restricting
the location, use and operation of swimming pools and accessory structures,
it being recognized that there is a need to regulate such installation
and maintenance of swimming pools in the Village of Albion in that
private swimming pools have become so common and numerous that they
do present a danger to the public health, safety and general welfare
if unregulated and uncontrolled.
For the purposes of this chapter, the following
terms shall have the meanings indicated:
Any body of water or receptacle of water having a depth at
any point greater than 24 inches, used or intended to be used for
swimming or bathing, and constructed, installed or maintained either
above, below or partly above and partly below ground level, except
that a natural body of water such as a lake, quarry or creek will
not be considered a "swimming pool" for the purposes of this chapter.
[Amended 8-14-1996 by L.L. No. 5-1996]; 7-11-2012 by L.L. No.
4-2012]
No swimming pool shall hereafter be erected,
constructed or excavated except in compliance with the following regulations
and requirements, and all existing swimming pools shall, within 60
days after the effective date of this chapter, comply with the following
regulations and requirements.
[Added 8-14-1996 by L.L. No. 5-1996]
No swimming pool shall be erected, constructed or excavated without having applied for and obtained a permit from the Code Enforcement Officer pursuant to Chapter 161, Fire Prevention and Building Construction, of the Code of the Village of Albion.
All swimming pools shall be located to the rear
of the front line of the main structure on the premises and shall
be at least four feet from the rear and side property lines of the
premises. The Board of Trustees of the Village of Albion may vary
the requirements of this section after public hearing held with at
least five days' public notice published in the official newspaper
of the village, where undue hardship is imposed hereby; provided,
however, that all existing swimming pools shall not be required to
comply with the terms of this section; however, all such existing
swimming pools may not be modified, enlarged or changed in any manner
without complying with the provisions of this subsection.
A swimming pool shall be provided with adequate
drainage into the storm sewer system of the Village of Albion. Where
drainage into the storm sewer is impractical, the swimming pool may
be drained onto a lawn or other area, or to a dry well or wells, provided
that the water does not overflow onto adjoining property or otherwise
provide damage to the adjoining properties or cause inconvenience
to the owners or occupants of such adjoining properties.
There shall be no permanent physical connection
between a potable public or private water supply system and a swimming
pool; and when a temporary physical connection is installed, it shall
be operated so that no pool water can be discharged or siphoned into
a potable supply system.
All swimming pools shall be completely surrounded
by a fence or similar barrier at least four feet in height. All gates
and said fence shall be equipped with a locking device and all such
gates shall be locked when the swimming pool is not in use. The structure
adjacent to the swimming pool may serve as a portion of the fence
requirement of this section. Walls or other structural components
of the swimming pool may also serve as a portion or as all of the
fence requirements of this section, provided that the walls or other
structural components are at least four feet in height and that any
entrance, ladder or other means or structural component is equipped
with a gate or similar barrier capable of being locked, and which
said gate or similar barrier shall be locked when the swimming pool
is not in use. Swimming pools which are completely enclosed shall
be considered as complying with this section, provided that all entrances
to the pool from the exterior are capable of being locked.
[Amended 8-14-1996 by L.L. No. 5-1996]
Any person who violates the provisions of this
chapter or fails to comply with the requirements hereof shall, upon
conviction thereof, be punished by a fine of not more than $250 or
imprisoned for not more than 15 days, or be subject to both such fine
and imprisonment.
